Case of a 5 year old Dalit boy from Pratap Garh - UP

Thulasimani and Moorthy were abused and assaulted as their 8 year old son poured water, spilled on the legs of caste Hindu Balakrishnan

Moorthy (38), his wife Thulasimani (28) belongs to Dalit Arunthathiyar community, residing in Pudupalayam, Uthukuli taluk, Tiruppur district. They have two children namely Elango (8 – 3rd std) and Nivetha (6-2nd std). Moorthy and Thulasimani were working as tailors in Balamurugan Garments located in Karatupalayam, Perunthurai taluk, Erode district.

On 03/05/2014, as it is holiday for their son Elango (8), they took him to their workplace. During the break, they went to Amman Garments located in the top floor to drink water. They gave water to Elango in a water bottle. After drinking the water, Elango poured the remaining water on the tiled roof of the nearby house. The water drained down the roof and spilled on the leg of the Balakrishnan s/o Mani, belongs to dominant caste Hindu Kounder community. Balakrishnan came out of the house and shouted at them saying, you bugger why you pouring water over us? how dare you do this? On noticing this Moorthy and Thulasimani apologized saying that their little son mistakenly poured water and we will ensure that he won’t repeat this mistake. But Balakrishnan verbally abused him saying, you Sakkili son of prostitute, will your apology remove the dishonor meted out to me. When Moorthy came down the stairs to normalize the issue, Balakrishnan pushed him towards the window and assaulted him. On hearing this, Thulasimani went to his rescue and again apologized for the mistake of their son. Balakrishnan and his father Mani started verbally abusing them referring derogatory regarding caste. Balakrishnan caught hold of Thulasimani by her hair and slapped her thrice. When Moorthy tried to stop the assault on his wife, Mani held his neck and thrashed him over the wall. On hearing the noice, other workers of the company namely Rajesh, Sekar, Duraisamy and others came to their rescue and separated them.

When the owner of the Garments Company Mr. Rajesh arrived, they reported this atrocity to him. Rajesh advised them to lodge a complaint regarding this. Hence Moorthy and Thulasimani with the help of Thulasimani brother Viswanathan, lodged a complaint in the Sennimalai Police station. Then the Police Inspector filed an case under FIR No. 115/2014 u/s 323 of IPC, Section 4 of Women Harassment Act 2002 and section 3(1)(x) of SC/ST PoA Act, 1989 and reported this atrocity to the DSP. Based on the complaint, DSP visited the place of incidents, made an enquiry with the victims, witnesses and the accused. Then they arrested the two perpetrators. Thulasimani who sustained injury over her cheek, was given medical treatment in the Perunthurai Government Hospital. Both the perpetrators were kept in jail for 12 days and were released on bail.

On their release they tried to intimidate the victims and the witnesses to withdraw the complaint and to refuse to give witness to the incident.

FINDINGS:

1. On 03/05/2014, Moorthy and Thulasimani were subject to brutal atrocity as their 8 year old son poured water spilled on the legs of Balakrishnan. Balakrishnan and his father Mani verbally abused them referring derogatory regarding caste. Moorthy and Thulasimani expressed apology on behalf of their son. But Balakrishnan and Mani, who considered that pouring water on them by a Dalit as a serious disrespect to their caste dignity, verbally abused and brutally assaulted them.

2. Thulasimani was subject to physical abuse derogatory to woman dignity. She was held by her hair and was repeatedly slapped by Balakrishnan. Moorthy was also attacked and thrashed towards the wall. The perpetrators orchestrated this atrocity in front of the general public.

3. Balamurugan Garments owner stood by the victims and encouraged them to lodge a complaint. The employees of the company who witnessed this assault, came to the victims support. This moral support gave them the confidence to lodge a complaint, leading to the arrest of the perpetrators.

4. As per Section 15A (5) of the PoA Amendment Ordinance 2014, the victims shall be entitled to be heard in respect to grant of bail, release or parole of an accused. But this provision (Right of the Victim) was ignored in this atrocity case. The accused men were granted bail under Section 482 of Cr.P.C. On their release, Balakrishnan and Mani started intimidating the victims and the witnesses to dilute the case.

5. Though the Sennimalai Police Inspector filed an FIR without any delay, they have not invoked the appropriate sections of the recently promulgated SC/ST PoA Amendment Ordinance, 2014. Appropriate sections such as 3(1)(r), 3(1)(s) and 3(1)(w-ii) of PoA Ordinance 2014 should have been invoked regarding this atrocity.

RECOMMENDATIONS:

1. District Administration should provide compensation and protection to the victims and witnesses regarding this atrocity.

3. The accused on the release on bail, they started intimidating the victims and witnesses to derail the charge. Hence the police department should cancel their bail order and imprison them to avoid any more mental or physical agony to the victims.

Posted by: Social Awareness Society for Youths

Fact finding date: Not recorded

Date of Case Upload:
11-06-2014

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Pradip Kadam, a chamar from yavat was beaten nearly to death

Pradip Kadam, a Charmakar guy from Yawat was beaten up on 22nd May and now he is taking treatment at Hospital in Pune. Till date accused are not yet arrested, section 307, 323 of IPC and PoA 3(2)(5) is applied. Both of his kids are handicapped and can only walk if Rs. 7000 per month are spend on medication, his wife too is recently operated for first stage of cancer. He is sole earner for family, both his parents are depended on him. His both legs and 3-4 ribs are fractured, his pancreas is taken out.

We demand:1. Immediate arrests of 5 accused2. Immediate relief and compensation3. Medical expenses for both the hospital and further expenses to incur4. Movable property of the accused to be attached and declared absconding.5. Loan of 50 Lakhs to set up his own workshop or government job as per his qualification.

Posted by: Manuski

Fact finding date: Not recorded

Date of Case Upload:
05-06-2014

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1) FIR

Dalit Gurusamy house burned by caste hindu case

Atrocity against Dalit family and House Arson due to caste animosity and intolerance over upward mobilization in Puravipalayam village of Erode district

Gurusamy (39) s/o Arumugam, residing in Karungaradu Thottam, Puravipalayam, Anthiyur taluk, Erode district, belongs to Dalit Arunthathiyar community. His wife Thamilarasi (35) and his three children namely G. Archunan (17 – 12th Std), G. Dhanalakshmi (15 – 10th Std) and G. Vasuhi (13 – 6th Std) are living next to their agricultural land in Karungaradu thottam. He, his father and his paternal uncle tried to buy 5 acres of agricultural land in Karungaradu thottam area. But his neighbours Arjunan along with his mother-in-law Guruvaayiammal belonging to dominant caste Hindu Kounder community, were intolerant towards the economic assertion of a Dalit family next to them. They voluntarily speculated the price and increased the prize of the land. They posed many hindrances for Gurusamy obstructing him to buy the land. Due to the obstruction purchasing of the land was delayed. Arjunan have no path to access his agricultural land. Hence he told that if Gurusamy gave him a way to his agricultural land, he will not obstruct Gurusamy from buying the land. Gurusamy agreed to that and finally he managed to buy the land and registered it in the Ammapettai Sub Registrar Office. During the registration, he signed an agreement providing pathway to Arjunan agricultural land.

After getting a pathway to his land through Gurusamy’s land, Arjunan started fighting with Gurusamy by trying to occupy some of his land. Arjunan removed the boundary stones of his land and claimed that he has ownership over the Gurusamy’s land. Hence Gurusamy went to the Sub Registrar Office and cancelled the agreement providing pathway to Arjunan. Since then Arjunan intimidated and interrupted the peaceful living of Gurusamy. Both Arjunan and his mother-in-law Guruvayiammal used to verbally abuse Gurusamy and his family referring derogatory regarding caste name. To improve his agricultural activity, Gurusamy constructed a borewell in his land and filed a petition seeking electricity connection for his borewell.

When Electricity Board officials tried to provide connection to Gurusamy from the Electric post located in the Arjunan’s land, he objected to this move and denied the permission due to the caste animosity. Hence Gurusamy forced to spend his own money to construct a electric pole in his land to get power connection. Arjunan who could not tolerate this, now sought electricity connection from the electric pole constructed by Gurusamy with his own money. Gurusamy denied permission to provide electric connection from his own electric pole and obstructed Arjunan’s move. Gurusamy filed a complaint with the District Collector regarding this persistent torture and intimidation of Arjunan and Guruvayiammal.

The District Collector forwarded the petition to the Gopichettipalayam Electricity Board and asked Gurusamy to seek remedy there. Gopichettipalayam Assistant Engineer gave a written confirmation that Arjunan will not be given power connection from the electric pole belongs to Gurusamy. But Arjunan bribed the local EB official and with the support of the Police Sub Inspector Thangavel managed to get power connection to his land from the electric pole of Gurusamy. Police Officials including the SI Thangavel stood in favour of Arjunan and provided the connection breaching the order of the Higher Authorities.

After getting the power connection, Arjunan and Guruvayiammal started abusing Gurusamy and his family referring derogatory regarding caste, saying, “you were not able to obstruct our access the electricity through your electric pole, you sakkili son of prostitutes!. This abuse led to verbal conflict between the two parties. Following this, Gurusamy and his wife lodged a complaint with the Inspector of Ammapettai Police station, showing the petition filed with the Disrict collector and the Confirmation letter from Gopi AE that Arjunan will not given power connection from the electric pole of Gurusamy. Following this complaint, the Inspector called the Junior Engineer of EB, Sub Inspector and other officials and scolded them for the abuse and breach of power. He warned that they may be suspended for this abuse of power. Hence SI Thangavelu, Junior Engineer, Arjunan and Guruvayiammal, begged for mercy from Gurusamy and asked them to withdraw the complaint. Arjunan told that he will disconnect the power connection taken from the electric pole located in Gurusamy’s land. Hence Gurusamy withdrew the complaint after getting assurance from Arjunan that he and his mother-in-law will not fight, abuse and be a hindrance to Gurusamy and his family.

After a week, on 25/04/2014, Gurusamy bought sand and brick blocks to build a new house in his land. On 29/04/2014, Arjunan and Guruvayiammal who could not tolerate the upward economic mobilization of Gurusamy’s family, verbally abused Gurusamy saying, you sakkili son of prostitute, how dare you trying to build a house and settle permanently in this place? We will burn your house and your entire family, let us see how you will remain alive after the arson? After a while Gurusamy and his wife Thamilarasi remained silent. During the night Gurusamy and his wife Thamilarasi slept in the cow shed, while their children were sleeping inside the hut. On 30/04/2014, around 5.30am, Gurusamy’s daughters came out of the house shouting fire! fire in the hut! and they cried for help. Gurusamy and his wife noticed that backside of their hut was set on fire. Immediately they noticed that Arjunan was running over their land and hid inside his house. Gurusamy rushed inside the hut and brought the Gas cyclinder outside the house to avoid any further serious tragedy. Then he along with other villagers managed to put an end to the fire. Nearly a quarter of his house was damaged by the arson. Their belongings and their children’s note books and clothes were destroyed in the arson. He and the villagers douse the fire by spraying the water from the tank. While Gurusamy was fetcing water from the tank, he slipped and fell on the iron tape of the tank damaging his spinal cord. Gurusamy sustained serious injury in his hip and in his legs. The loss was estimated at Rs. 1, 00,000.

They informed about this atrocity to Mr. Palanisamy of Aathithamilar Peravai. Mr Palanisamy called for 108 Ambulance Service. Gurusamy was rushed to the Anthiyur Government Hospital and later he was shifted to the Erode Government Hospital for medical treatment for 9 days. On 30/04/2014, Gurusamy’s wife Thamilarasi lodged a complaint with the Additional Deputy Superintendent of Police and with the Bhavani DSP Mr. Arumugam. On 30/04/2014, 9pm when Thamilarasi went to the Ammapettai Police Station and asked for CSR Copy, Sub Inspector boastfully replied that, “we won’t register the case and provide FIR as soon as you lodge a complaint. We will investigate and then register the case.” He was negligent in registering the case and biased in favour of Arjunan and Guruvayiammal. Even he asked Thamilarasi and Gurusamy to compromise with the perpetrators. He delayed the investigation process and enabled the main culprit Arjunan to abscond the village. Though it was reported that Arjunan was roaming around P.K.Pudur, Kuruvi and Reddyur area, Police were negligent to arrest him.

On 09/05/2014 Bhavani DSP Arumugam visited the place of incident to conduct an enquiry and took photos of the damages of the house arson. While Thamilarasi was narrating the incident, SI Thangavel interrupted and diverted the attention of the DSP. Till date the police have not arrested the perpetrator and the Police department was negligent, biased in favour the accused perpetrators. The district administration failed to provide relief and rehabilitation to the Gurusamy family.

In 2012, Guruvayiammal verbally abused and assaulted Gurusamy’s daughter Thanalaksmi (15 - 10 Std) in front of all the students. On returning home, Thanalakshmi due to humiliation meted out to her, refused to continue her education and told that she is going to commit suicide. When Thamilarasi went to enquire about this with Guruvayiammal, Guruvayiammal abused Thamilarasi referring derogatory regarding caste. When Thamilarasi reported this in the Ammapettai Police Station, SI Thangavel spoke in favour of Guruvayiammal. The next day, Ammapettai Police officials called Gurusamy and Thamilarasi for an enquiry, as Guruvayiammal lodged a false complaint against them. Since Arjunan and Guruvayiammal belongs to dominant caste Hindu Kounder community, police was biased in favour of the caste Hindus and compelled Gurusamy and Thamilarasi to compromise with the perpetrators.

FINDINGS:

Gurusamy, his father and his uncle tried to buy 5 acres of land in Karungaradu thottam which is adjacent to the agricultural land of Arjunan, who belongs to dominant caste Hindu Kounder community. But Arjunan along with his mother-in-law placed many obstacles derailing the intention of Gurusamy to buy the land. Arjunan speculated the value of the land and increased the prize of the land. Arjunan threatened Gurusamy saying until unless he was given pathway to his agricultural field through the land which is going to be bought by Gurusamy, he won’t allow him to buy the land.

Gurusamy agreed to provide pathway to Arjunan’s land through his agricultural field. After overcoming various obstacles he bought the land. Arjunan was intolerant and jealous over economic prosperity of Gurusamy. Arjunan was hostile and unable to disgest that a Dalit buying land adjacent to his land and living on par with him.

Arjunan illegally claimed some parts of Gurusamy’s land. Hence Gurusamy cancelled the agreement providing pathway to Arjunan’s land through his land. Later Arjunan denied to provide electric connection to Gurusamy from electric pole located in his land. Due to his denial Gurusamy forced to erect a electric pole in his land with his own money. Later Arjunan sought electric connection to his residence from the electric pole located in Gurusamy’s land.

Gurusamy denied to provide power connection to Arjunan through his electric pole. He filed a petition with the District Magistrate, who in turn forwarded the petition to the Gopichettipalayam Electricity Board. Gopichettipalayam EB Assistant Engineer gave a written confirmation that Arjunan will not given electric connection from the pole belongs to Gurusamy.

Arjunan bribed the local Electricity Board Officials and the Ammapettai Police Station officials to get power connection to his land from the electric pole constructed by Gurusamy by his own money. Hence Sub Inspector being biased in favour of Arjunan, ensured the provision power connection to Arjunan from Gurusamy constructed electric pole.

Following this Arjunan and Guruvayiammal verbally abused Gurusamy and his family referring derogatory regarding caste name. Gurusamy filed a complaint with the Inspector of Ammapettai Police station. The Inspector warned the JE, SI Thangavelu that they will be suspended for the abuse of power. As JE, SI and Arjunan begged for mercy, Gurusamy withdrew the complaint, after getting written confirmation that Arjunan will not get power connection from the Gurusamy’s electric pole and that he will not create problems to Gurusamy’s family.

Gurusamy bought bricks and sand to build a new house in his land. On 29/04/2014, Arjunan and Guruvayiammal who could not tolerate the economic prosperity of a Dalit residing next to them, verbally abused them and threatened them that they will not allow them to live here permanently. The duo vowed that they will send them out of this place. But Gurusamy and his wife Thamilarasi remained silent.

On the same day night, Gurusamy and his wife slept in the cow shed and his children slept inside the hut house. On 30/04/2014, early morning around 5.30 am Gurusamy children shouted saying fire in the hut and came running out of the hut. Gurusamy and Thamilarsi saw Arjunan running through their agricultural field and hidden inside his house after arsoning Gurusamy’s house.

Due to his arson, almost all the clothes of the family and the notebooks of the Gurusamy’s children and their belongings were destroyed. The damage was estimated at Rs. 1, 00, 000. During dousing the fire, Gurusamy fell down and was serious injured in his back bone, spinal cord and hip area. He was rushed to the hospital and was given intensive medical treatment for 7 days.

The police have not arrested the perpetrators and they were negligent to perform their duties. Due to caste prejudice they were found to be maintaining close nexus with the perpetrator. The District Administration has not provided any monetary compensation to the victim Gurusamy’s family.

RECOMMEDATIONS:

The District Administration should provide monetary compensation commensurate to the losses incurred due to the house arson (Rs. 1,00,000) per the provisions of the SC/ST Prevention of Atrocities Amendment Ordinance, 2014.

The District Administration should provide a concrete house under the Green House Scheme to the Gurusamy family at the earliest.

Arjunan and Guruvayiammal should be implicated under appropriate sections such as 3(1)(g), 3(1)(p), 3(1)(q), 3(1)(r), 3(1)(s), 3(1)(w)(ii), 3(1)(z), 3(2)(iii), 3(2)(iv), 3(2)(v) of the PoA Amendment Ordinance, 2014 and should arrest the perpetrators at the earliest.

Sub Inspector Thangavelu who was negligent to perform his duties and abused his power in favour of the perpetrators and who failed to perform the duties enumerated in the 4(2)(b), 4(2)(c), 4(2)(d) of PoA Amendment Ordinance, 2014, should be referred for discliplinary action and should be suspended from the service.

The Junior Engineer of Gopichettipalayam Electricity Board, who breached the higher order and provided electricity connection to Arjunan from the electric pole belongs to Gurusamy should be implicated for negligent of duties and should be served appropriate punishment.

The Law and Order department should provide adequate protection and security to Gurusamy and his family members to avoid any further attack on the family.

The District Administration should confiscate the movable and immovable properties of the perpetrators namely Arjunan and Guruvayiammal and should provide the properties to the affected victims family.